Saturday, December 17, 2011

Can the Elected Sheriff kick out the Feds?

County Sheriffs are supposed to be the protectors of the people in the county.  They are to protect the people from all criminal activity – criminal activity in the streets of the county and criminal or damaging activity from state or federal governments.  Most sheriffs are well aware of the first part of their jurisdiction and protective duties, but sadly, not the second part.

When the federal Brady Bill came out and we county sheriffs were told by the federal government that we would be required to enforce this anti-Second Amendment legislation on the people of our counties, I challenge it as unconstitutional – all the way to the U.S. Supreme Court.  We won our suit against the federal government, on behalf of all sheriffs in America.  The U.S. Supreme Court told us what we already knew: that no sheriff is obligated to act as an agent for, and do the work of, the federal government.  We would not have to enforce the Brady Bill on behalf of the federal government!  This case proved again, that if the people and their elected officials [sheriffs and other local/county officials] will stand up together, we can win against the many unconstitutional actions and unlawful jurisdictional usurpations of the federal government.

So, does the federal government currently control your county office of sheriff?  This is certainly a question that deserves to be weighed.  We ask it again: Does the federal government have the constitutional authority or lawful jurisdiction to tell a county sheriff what to do?  Absolutely not!  The only way that the federal government has any control over the county sheriff is if the sheriff, for some reason, acquiesces and goes along, allowing federal agents and their agencies to take control.

One thing we sheriffs definitely need to realize, however, is this: One of the surest ways we can begin to lose our local authority and independence, and pave the way for the federal government to begin to exercise control within our counties, is through our acceptance of federal funds such as the form of grants, or even “surplus” law enforcement equipment, etc.  We must remember that truly there is no free money from the federal government: it all comes “with strings attached”. Insist on remaining an independent servant of the people:  Do not accept the funds.

The following may shock many of my fellow sheriffs, but let’s look at the law.  According to the Supreme Law of our Land, the U.S. Constitution, there are only three areas in which the federal government is lawfully allowed to involve itself in the law enforcement. 
Article I, Section 8 of the U.S. Constitution lists these as: One, felonies committed on the high seas; Two, counterfeiting; and Three, Treason.  Constitutionally, these three crimes alone allow the federal government to assume jurisdiction and take control.  They have no other lawful powers!

So why do we so often allow unlawful incursions by federal agents into our counties?  Answer: FIRST because we haven’t really know the Supreme Law, and SECOND because, as county officials, we have all-too-willingly put our lips around the federal the federal “sugar teat”, taking [collectively] millions upon millions in federal handouts.  And of course, once we’ve done this, we are then obligated to obey what the feds tell us – especially if we should be looking to obtain still more “sugar” next year!

Does this sound like the highest and best we can expect from ourselves as the elected, trusted guardians of the rights and liberties of the local citizens we are sworn to serve?

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